Declerico (Et Ux.) v. Gimbel Bros., Inc.

Opinion by

Arnold, J.,

This action of trespass was brought to recover damages for personal injury alleged to be caused by defendant’s negligence. The court below imposed a compulsory nonsuit and refused to take it off, and the wife-plaintiff appealed. The careful opinion of Judge Win-net, writing for the court below, shows that the non-suit was properly entered. The wife-plaintiff testified that she was descending the defendant’s dimly lighted stairs leading to the subway, and she stepped upon a piece of paper which seemed to have under it a soft, mushy substance which caused her to fall. The…